Opinions delivered
November 10, 2004
JOHN MAUZY PITTMAN, JUDGE:
CACR03-737. Melvin Eugene Finley v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Stroud, C.J., and Crabtree, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-92. Daniel Morales v. Hector Martinez et al., from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Crabtree, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
CA04-224. Richard McFarlin v. Conway Regional Medical Center et al., from Workers' Compensation Commission. Affirmed. Hart and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-658. Dee Anne Nuckols v. Larry Don Miles, from Drew Circuit. Affirmed. Hart and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CA04-112. Frederick L. Williams v. Healthcare Services Group, from Workers' Compensation Commission. Remanded. Pittman and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR03-1118. Gwen Rena Jarrett v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR03-1172. Charles Robinson, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Bird and Roaf, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1405. William Robert Fields v. Patrice Anne Fields, from Benton Circuit. Affirmed in Part; Reversed and Remanded in Part. Stroud, C.J., Griffen, and Vaught, JJ., agree. Hart and Baker, JJ., concur in part; dissent in part. (5 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA04-246. Carol Marx v. Huron Little Rock d/b/a Hilton Inn-Little Rock, from Pulaski Circuit. Reversed and Remanded. Bird and Roaf, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR04-141. Deryl Williams v. State of Arkansas, from Benton Circuit. Affirmed. Robbins and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-124. Glenn Duboise v. Patricia A. Duboise, from Sebastian Circuit. Affirmed. Hart and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR04-170. Kenneth Harold Jordan, Jr. v. State of Arkansas, from Hempstead Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-319. Robert Powell v. Daymark Group, Inc. and American Protection Insurance Company, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Gladwin, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CA04-504. Fatin Odoemenam and Minor Child v. Arkansas Department of Human Services, from Pulaski Circuit. Affirmed. Pittman and Hart, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR04-226. Pamela Gay Barnett v. State of Arkansas, from Ashley Circuit. Affirmed. Griffen and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-281. Debra J. Moore v. Mueller Industries and Risk Management, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Pittman, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CA03-1047. Cato Corporation v. Phillips Investments, Inc., from Mississippi Circuit. Reversed and Remanded. Griffen and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CA04-470. Arthur Piper v. State of Arkansas, from Drew Circuit. Affirmed. Robbins and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
PER CURIAM DECISIONS
The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).
E04-196. Paula R. Inmon v. Director et al.
E04-198. Ida Green v. Director et al.
E04-199. Ida Green v. Director et al.
E04-200. Ida Green v. Director et al.
E04-201. William T. Garrick, III v. Director et al.
E04-202. Winston L. Lambert v. Director et al.
E04-203. Jerod W. Dooley v. Director et al.
E04-204. Jerod W. Dooley v. Director et al.
E04-205. Victoria Fields v. Director et al.
E04-206. Wade C. Donaldson v. Director et al.
E04-207. Gracie Bell v. Director et al.
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CA03-654. Betty Roach, Administratrix of the Estate of Randall Roach, Deceased v. PPG Industries, Inc. et al., from Washington Circuit.
CA03-1429. Wynne Tree Service, Inc. v. Herbert Stratton, d/b/a Herbert Stratton Farms, from Cross Circuit.
CA04-266. Robert Cook v. ABF Freight Systems, Inc., from Workers' Compensation Commission.
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CACR03-1045. Kenneth Ray Wilson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00. Hart, J., would grant $750.00.
CACR03-1067. Douglas Edward Wilson v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,200.00.
CACR04-39. James Lumpkin v. State of Arkansas, from Phillips Circuit. Motion of Don Etherly for attorney's fees is granted. Allowed $1,000.00.
CACR04-94. Marcus Howard v. State of Arkansas, from Union Circuit. Motion of David W. Talley, Jr., for attorney's fees is granted. Allowed $1,000.00.
CACR04-540. Bobby Powell v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time is granted.
CACR04-610. Bobby Posey v. State of Arkansas, from Crittenden Circuit. Appellant's motion for additional brief time is granted.
CACR04-1158. Harold Goffin v. State of Arkansas, from Drew Circuit. Motion of John Frank Gibson, Jr., to withdraw and to substitute Robinson & Associates as counsel for appellant is granted.
CA04-385. Helena Chemical Company v. Jerry Caery, Jr. et al., from Phillips Circuit. Appellees' motion for additional brief time is granted. Pittman, J., not participating.
CA04-659. Todd Templeton v. United Parcel Services, Inc., from Washington Circuit. Appellant's motion for additional brief time is granted.
CA04-684. Jerrell Yancey v. B & B Supply, from Workers' Compensation Commission. Appellant's motion for additional brief time is granted.
CA04-736. Jennifer French v. Arkansas Department of Human Services et al., from Van Buren Circuit. Motion of Janice Panella to withdraw as attorney ad litem is granted. Sherri Stewart is appointed as attorney ad litem.
CA04-870. Donna Wallis Wiley v. Arkansas Department of Human Services, from Stone Circuit. Appellant's motion to remand to settle the record and to stay brief time is granted. Remanded to the trial court to settle the record within thirty days. Appellant's brief due thirty days thereafter.
CA04-909. Larry Shannon d/b/a Economy Wrecker v. Arkansas Towing and Recovery Board, from Pulaski Circuit, Second Division. Appellant's motion to amend brief is granted. Brief deemed supplemented.
CA04-959. Heather Sheridan v. Arkansas Department of Human Services, from Faulkner Circuit. Appellant's motion for substitution of counsel and extension of time is granted. Appellant's brief due in forty days (December 20, 2004).
E04-272. Ron Simmons v. Director et al., from Board of Review. Appellant's pro se motion for stay of judgment is denied.
E04-325. Ron Simmons v. Director et al., from Board of Review. Appellant's pro se motion for stay of judgment is denied.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CACR03-205. Earl W. Loy v. State of Arkansas, from Garland Circuit.
CA04-248. Courtney Harrison v. Mr. Burger of Arkansas, Inc. and AIG Claim Services, Inc., from Workers' Compensation Commission.
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CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file belated brief.
CACR03-1167. Kevin Deon Johnson v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion to file belated points for reversal.
CACR03-1192. Timothy Jarmane McDaniels v. State of Arkansas, from Hot Spring Circuit. Motion of Gregory K. Crain for attorney's fees.
CACR03-1347. Bobby Morris v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees.
CACR04-30. Bobby Yates, Sr. v. State of Arkansas, from Randolph Circuit. Motion of Roy E. Meeks for attorney's fees.
CACR04-1001. Walter DeShazo v. State of Arkansas, from Sevier Circuit. Motion of Kathy L. Hall to be substituted as counsel for appellant and for brief time.
CACR04-1006. Melvin Lawrence Rollins v. State of Arkansas, from Benton Circuit. Appellant's motion to remand to settle the record and to stay brief time.
CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion to withdraw motion to dismiss appeal filed in Drew County Circuit Court.
CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion for extension of time to file brief.
CACR04-1130. James E. McDonald v. State of Arkansas, from Miller Circuit. Motion of Pamela Fisk to withdraw as counsel for appellant.
CA03-1299. Baxter County Regional Hospital et al. v. Arlene Dixon, from Workers' Compensation Commission. Appellee's motion to file belated brief.
CA03-1468. Robert Stiggers v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of William O. "Bill" James, Jr., for attorney's fees.
CA04-65. Sergio F. Soto v. Katherine Soto, from Pope Circuit. Appellee's motion for cost of supplementing abstract, attorney's fees and brief costs.
CA04-77. Jessie Johnson v. Alvin Simes, from Phillips Circuit. Appellant's pro se motion for reconsideration of denial of motion to reinstate appeal.
CA04-253. Erica Suggs Rendon v. Arkansas Department of Human Services, from Pope Circuit. Appellant's motion to supplement the record.
CA04-321. Linda S. Koch et al. v. Northport Health Services of Arkansas, LLC, et al., from Sebastian Circuit, Fort Smith District. Appellees' motion to correct or modify the record and to stay brief time.
CA04-374. Josephine Barry Rogers v. Doyle "Rog" Rogers, Jr., from Pulaski Circuit, Seventeenth Division. Appellee's motion to strike and for sanctions.
CA04-435. Gina (Cook) Duke v. Mitchell Cook, from White Circuit. Appellant's motion to remand to settle the record and for brief time.
CA04-869. Sandra Harmon v. Kroger, from Workers' Compensation Commission. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-2(a)(5) and for additional brief time.
CA04-915. Katheryn Neves Da Rocha et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellants' motion to hold briefing in abeyance until furtherrecord may be filed.
CA04-934. Betty Hoffman et al. v. Mary Ann Gregory et al., from Garland Probate. Appellants' motion to file belated brief.
CA04-984. Billie J. Greenlee v. Mazda American Credit, from Washington Circuit. Appellant's motion to file belated brief and for brief time.
SUBMISSIONS
CA04-174. Waste Management of Arkansas, Inc. v. Roll Off Service, Inc., from Washington Circuit. Argued orally.
CACR03-1126. Mac Arthur Brantley v. State of Arkansas, from Columbia Circuit.
CACR03-1180. Corey Demont McClina v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR03-1267. Christopher M. Owen v. State of Arkansas, from Clark Circuit.
CACR03-1285. James Jesse Lilley v. State of Arkansas, from Crawford Circuit.
CACR03-1332. Billy Dodson v. State of Arkansas, from Lonoke Circuit.
CACR03-1394. Natasha Nicole Stewart v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR03-1397. Patricia L. Booker v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR04-40. Adrian Louis Carner v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR04-322. Paul David Claxton, Jr. v. State of Arkansas, from Saline Circuit.
CACR04-391. Danny Havener v. State of Arkansas, from Johnson Circuit.
CA04-23. Billy Joe Moody v. Farm Bureau Mutual Insurance Company, from Pulaski Circuit, Seventh Division.
CA04-32. Tiana Marie Dorothy v. Patrick James Dorothy, from Crawford Circuit.
CA04-73. Edward Zane Fair v. LEDC, from Independence Circuit.
CA04-227. Pat Weber v. Shirpat Corporation d/b/a Best Western, from Workers' Compensation Commission.
CA04-228. Quality Liquid Feeds, Inc. v. William Terry Plunkett, from Polk Circuit.
CA04-272. Tonia S. McMillan et al. v. Billie Maxine Taylor, from Clark Circuit.
CA04-276. Felix G. Ramirez v. LDS, LLC et al., from Workers' Compensation Commission.
CA04-316. Jaclin Boudreaux v. Jacob Mauterstock, from Faulkner Circuit.
CA04-341. Willie Collins v. Lennox Industries, Inc., from Workers' Compensation Commission.
CA04-345. Thomas Rodgers v. Lomanco, Inc. et al., from Workers' Compensation Commission.
CA04-400. Jerry Ross v. WKP Management Group, LLC, from Benton Circuit.
The following cases are appeals from the Arkansas Board of Review.
E04-145. Danny R. Winters v. Director et al.
E04-220. Donald R. Smith v. Director et al.
E04-225. Isaac L. Sanders v. Director et al.
E04-226. Linda C. Dollins v. Director et al.
E04-229. Craig F. Cummings v. Director et al.
E04-231. Angela Kingsby v. Director et al.
E04-232. Truservice Community Federal Credit Union v. Director et al.
E04-233. Donald C. Jordan v. Director et al.
E04-234. Donald C. Jordan v. Director et al.
E04-235. Amy K. Hale v. Director et al.
E04-236. Randall Wright v. Director et al.